CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986
PROPOSITION 65
NOTICE OF PROPOSED RULEMAKING
TITLE 27, CALIFORNIA CODE OF REGULATIONS
PROPOSED AMENDMENTS TO A RTICLE 6
CLEAR AND REASONABLE WARNINGS
January 8 , 2021
NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard 
Assessm ent (OEHHA) proposes to amend certain sections of Article 6 of Title 27 of the 
Californi a Code of Regulations.1OEHHA adopted new Article 6 Clear and Reasonable 
Warnings regulations in August 2016 , which became o perative in August 2018 . The 
Article 6 regulations  adopt ed safe harbor warning methods and content for consumer 
product exposures that included provisions for a short -form warning.  However, t here 
has been widespread use of short -form warnings in ways that were not intended and do 
not further the purposes of Propos ition 65. OEHHA has also received numerous 
inquiries from businesses seeking clarification as to whether the short -form warning 
could be used to provide safe harbor warning s for food products , and for additional 
guidance on the safe harbor warning content for short -form food warni ngs. OEHHA has 
therefore determined that  further amendments of certain sections of Article 6  are 
necessary. This rulemaking includes amendments to  Section 25601, Safe Harbor Clear 
and Reasonable Warnings – Method and Content, Section 25602, Consumer Produc t 
Exposure Warnings – Methods of Transmission, Section 25603, Consumer Product 
Exposure Warnings – Content , and Section 25607.1 Food Exposure Warnings – 
Methods of Transmission .    
PUBLIC PROCEEDINGS
Written Comment Period
Any written comments concerning this proposed regulatory action, regardless of the 
form or method of transmission, must be received by OEHHA no later than March 8 , 
2021, the designated close of the written comment period. Due to the COVID -19 
1 All further references are to sections of Title 27, Cal. Code of Regs., unless indicated 
otherwise.  emergency, OEHHA is providing a longer period than required under the Administrative 
Procedure Act.  All written comments will be posted on the OEHHA website at the close 
of the publ ic comment period.
Because of limited in -office staffing during the COVID -19 emergency, OEHHA strongly 
recommends that the public submit written information electronically, rather than in 
paper form.  Comments may be submitted electronically through our we bsite at 
https://oehha.ca.gov/comments . Comments submitted in paper form can be mailed, 
faxed, or delivered in person to the address below, but delays may occur if staff are 
unable to timely access them.
All no n-electronic submissions should be directed to:
Monet Vela
Office of Environmental Health Hazard Assessment
1001 I Street, 23rd Floor  
P. O. Box 4010
Sacramento, C alifornia 95812 -4010
Telephone: 916 -323-2517  
Fax:  916-323-2610
OEHHA is subject to the California Public Records Act and other laws that require the 
release of certain information upon request.  If you provide comments, please be aware 
that your name, address, and e -mail may be available to third parties. 
Public Hear ing
A public hearing on these proposed regulatory amendments will only be scheduled 
upon request. The hearing would be web -based due to the COVID -19 emergency2. To 
request a hearing, send an e -mail to Monet Vela at monet.vela@oehha.ca.gov  or to the 
address listed above. The request must be received no later than February 22 , 202 1. If 
such a request is made, OEHHA will e -mail a notice of the hearing to the requester and 
interested parties, and the notice will be posted on OEHHA’s web site at least ten days 
before the public hearing date. The notice will provide the date, time, and i nformation for 
accessing the hearing.
CONTACT
Please direct inquiries concerning the proposed regulatory action described in this 
notice to Monet Vela at (916) 323 -2517, or by e -mail to monet.vela@oehha.ca.gov .  
2 Executive Orders N-25-20 and N-29-20.  Mario Fernandez is a back -up contact person for inquiries concerning processing of this 
action and is available at (916) 323 -2635 or mario.fernandez@oehha.ca.gov  
AUTHORITY
Health and Safety Code section 25249.12 .
REFERENCE
Health and Safety Code sections 25249.6, 25249. 7 and 25249.11(f).
INFORMATIVE D IGEST/POLICY STATEMENT OVERVIEW
BACKGROUND
OEHHA  is the lead agency that implements Proposition 653  and has the authority to 
promulgate and amend regulations to further the purposes of the Act. The  Act requires  
businesses  to provide a clear and reasonable  warning  before  they cause  an exposure  to 
a chemical listed  as known  to the state  to cause cancer  or reproductive  toxicity .4The 
Act also prohibits  the discharge  of listed chemicals  to sources  of drinking  water .5The 
proposed amendments would revise the method of transmission and content of short -
form warning s for consumer products . In addition, the proposed amendments  would 
eliminate  the use of short -form warnings for internet or catalog purchases .
SPECIFIC BENEFITS OF THE PROPOSED REGULATIONS
The proposed regulat ory action will facilitat e businesses’ compliance with the Act  by 
provid ing clarifying guidance concerning the provision of safe harbor warnings under 
Proposition 65. The health and welfare of California residents will likely benefit by 
increasing the public’s ability to understand  the warnings they receive for certain 
consumer  products they may choose to purchase.
NO INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING REGULATIONS
OEHHA has conducted an evaluation and has determined that Article 6  is the only 
regulation concerning Propos ition 65 warnings. Therefore, the proposed regulato ry 
action is neither inconsistent nor incompatible with any other existing state regulations.  
The action does not change the existing mandatory requirements on businesses subject 
3 Health and Safety Code section 25249.5 et seq., The Safe Drinking Water and Toxic 
Enforcement Act of 1986, commonly known as “Proposition 65”.  Hereafter referred to as 
“Proposit ion 65” or “the Act”.
4 Health and Safety Code section 25249.6 .
5 Health and Safety Code section 25249.5 .to Proposition 65, state o r local agencies and does not address compliance with any 
other law or regulation.
LOCAL MANDATE/FISCAL IMPACT
Because Proposition 65 by its terms6does not apply to local agencies or school 
districts, OEHHA has determined the proposed regulatory action would not impose a 
mandate on local agencies or school districts; nor does it require reimbursement by the 
State pursuant to Part 7 (commencing with Section 17500) of Division 4 of the 
Government Code. OEHHA has also determined that no nondiscretionary costs or 
savings to local agencies or school districts will result from the proposed regulatory 
action , nor will there be any costs or savings to the st ate or in federal funding to the 
state because of the proposed regulatory action.
EFFECT ON HOUSING COSTS
OEHHA has initially determined that the proposed regulatory action will have no effect 
on housing costs because it does not impose any new mandatory r equirements on any 
business.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING 
BUSINESS, INCLUDING ABILITY TO COMPETE
The proposed regulatory action  provides compliance assistance to businesses subject 
to the Act  by providing guidance concer ning an existing regulation  in that it specifi es the 
method of transmitting  and the content of  safe harbor short -form warnings for consumer 
products including  food products. The proposed action modifies  an optional safe-harbor  
method that businesses may choose to use  to provide the required warning . OEHHA 
has therefore made an initial determination that the adoption of this action  will not have 
a significant statewide adverse economic impact directly affecting businesses, inclu ding 
the ability of California businesses to compete with businesses in other s tates.
6 See Health and Safety Code section 25249.11(b).RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code section 11346.3(b))
Creation or Elimination of Jobs within the State of California
The proposed regulatory action will not impact the creation or elimination of jobs within 
California. The action will conform the short -form warning provisions  to the original 
stated intent that a short -form warning should only be used where, due to limite d label 
space on a consumer product, a full -length warning will not fit. The action will also 
provide clarification and specificity regarding the use of short -form warnings for 
exposures to listed chemicals from food.
Creation of New Businesses or Eliminat ion of Existing Businesses within the 
State of California
The proposed regulatory action will not impact the creation of new businesses or the 
elimination of existing businesses within California. The action will conform the short -
form warning provisions  to the original stated intent that a short -form warning should 
only be used where, due to limited label space on a consumer product a full -length 
warning will not fit. The action will also provide clarification and specificity regarding the 
use of short -form warnings for exposures to listed chemicals from food. 
The Expansion of Businesses Currently Doing Business within the State
OEHHA  does not anticipate any major impact on the expansion of businesses currently 
doing business within the state. The action will conform the short -form warning 
provisions  to the original stated intent that a short -form warning should only be used 
where, due to limited label space on a consumer product a full -length warning will not fit. 
The action will also provide c larification and specificity regarding the use of short -form 
warnings for exposures to listed chemicals from food. 
BENEFITS OF THE PROPOSED REGULATION
The proposed regulatory action will benefit the health and welfare of California residents 
by providing more meaningful information regarding their exposures to listed chemicals. 
The action will also provide clarification and specificity regarding the use of short -form 
warnings for exposures to listed chemicals from food. T he action furthers the 
right-to-know purposes of the statute and therefore promotes public and worker health 
and safety.
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS
OEHHA is not aware of any cost impacts that a representative private person or 
business would necessarily incur in reaso nable compliance with the proposed 
regulatory action. The action  does not impose any new requirements upon private persons or business es.  Instead, it modifies an existing, non -mandatory safe harbor 
warning method.
EFFECT ON SMALL BUSINESSES
The proposed regulatory action will not adversely impact very small businesses 
because Proposition 65 is limited by its terms to businesses with 10 or more 
employees .7
REASONABLE ALTERNATIVES TO THE REGULATION AND THE AGENCY’S 
REASONS FOR REJECTING THOSE ALTE RNATIVES
Pursuant to Government Code section 11346.5(a)(13), OEHHA must  determine  that no 
reasonable alternative  considered by OEHHA, or that has otherwise been identified and 
brought to the attention of OEHHA, would be more effective in carrying out the p urpose 
for which Proposition 65 is proposed, would be as effective and less burdensome to 
affected private persons than the proposed action, or would be more cost -effective to 
affected private persons and equally effective in implementing the statutory pol icy or 
other provision of law.
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED 
REGULATIONS
OEHHA has prepared and has available for public review an Initial Statement of 
Reasons for the proposed regulation, all the information upon which the regu lation is 
based, and the text of the proposed regulation. These documents are available on 
OEHHA’s web site at www.oehha.ca.gov .
AVAILABILITY OF CHANGED OR MODIFIED TEXT
The full text of any proposed regulation that is changed or modified from the express 
terms of this proposed action will be made available at least 15 days prior to the date on 
which OEHHA adopts the resulting regulation. Notice of the comment period on the 
revised proposed regulation and the full text will be mailed to individuals who testified or 
submitted oral or written comments at the public hearing, whose comments were 
received by OEHHA during the public comment period , and anyone who requests 
notification from OEHHA of the availa bility of such change. Copies of the notice and the 
changed regulation will also be available on the OEHHA Web site at 
www.oehha.ca.gov .
7 Health and Safety Code section 25249.11(b) .AVAILABILITY OF THE FINAL STATEMENT OF REASONS
A copy of the Final Statement of Reasons may be obtained, when it becomes available, 
from Monet Vela at the e -mail or telephone number indicated above. The Final 
Statement of Reasons will also be available on OEHHA’s web site at 
www.oehha.ca.gov .
OFFICE OF ENVIRONMENTAL 
HEALTH HAZARD ASSESSMENT
Carol Monahan -Cummings
Chief Counsel
Dated:  December 23 , 2020